Tag: monetary instruments

CBP has been busy seizing cash across the country, and that is the reason my customs law blogging activity has slowed down in recent weeks. For the many readers of this blog who like these posts, I apologize. I’ll be trying to return to more frequent blogging in the next week or so.

It seems CBP has also been too busy to make many news releases about the seizure activity, too. But, today, we have word of a pretty huge seizure of $211,000 in cash being seized from a Mexican national while leaving the United States.

From the story below, it was more than just a seizure for a failure to report — but also for bulk cash smuggling. Here is the story, with scant details, but with a picture:

Customs and Border Protection officers at the Mariposa crossing in Nogales, Arizona, arrested a Mexican national Friday for attempting to transport almost $211,000 in unreported U.S. currency.

Officers conducting routine outbound inspections referred a 45-year-old man from Nogales, Sonora, Mexico, for an inspection of his Chevrolet truck and found the currency in the vehicle’s dashboard.

Officers seized the vehicle and currency, and turned the subject over to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

To make matters worse, CBP discovered that he was traveling with his sister, who was carrying another $10,000 for her brother. At Dulles airport, a structuring offense means a hefty penalty even if legitimate source and intended use of the documentation is presented.

Here are the interesting parts of the story, as told from the perspective of CBP Dulles:

STERLING, Va. — U.S. Customs and Border Protection (CBP), Office of Field Operations (OFO), at Washington Dulles International Airport seized over $23,000 from a South Africa-bound traveler on Thursday for violating federal currency reporting regulations.

During an outbound inspection, a CBP currency detection canine alerted to the carryon bags of a U.S. citizen. The man, both verbally and in writing, declared to CBP officers that he possessed $9,000; however, $13,267 was discovered in his bags and on his person. During the course of the inspection it was determined that he was traveling with his sister, a Ghanaian citizen. An additional $10,000 in unreported currency was found in her bags which the man stated belonged to him. The officers seized the $23,267, returned $667 to the man for humanitarian relief, and advised him how to petition for the return of the currency. The travelers were then released to continue their journey.

Did you structure cash seized by CBP?

If you structured cash that was seized by CBP, you really need a lawyer. Read our trusted customs money seizure legal guide and can contact us for a free cash seizure consultation by clicking the contact buttons on this page.

When is a 2010 Dodge Journey worth almost a million dollars? When there is $830,000 dollars hidden in the dashboard.

CBP has broad search authority. In fact, not only do they have largely unfettered discretion to search at the border (not only land borders but airports), but they also have broad search authority at the “functional equivalent” of the border. The current state of the law in this area means that, among other things, CBP may pull over cars within 100 miles of the border and question those inside if they have reasonable suspicion of unlawful activity. If you want to learn more, read this nice summary of the law.

TEMECULA, Calif.—U.S. Border Patrol agents arrested a man Tuesday who had hidden large quantities of cash behind his SUV’s dashboard.

The incident occurred at approximately 2 p.m. when agents patrolling Interstate 15 stopped a 2010 Dodge Journey. The 54-year old Mexican national driver was unable to answer routine questions consistently.

A K-9 sniff of the man’s vehicle resulted in a positive alert, agents then brought the vehicle to the I-15 checkpoint to conduct a more thorough search. At the checkpoint, agents put the vehicle on a lift and discovered a hidden compartment behind the dashboard. The compartment contained 61 bundles of cash.

In total, the bundles contained $830,060 in U.S. currency.The man was arrested and charged with bulk cash smuggling.

Customs seizure of tuition money is a common occurrence in the weeks prior to the start of either semester of the school year. Like all customs currency seizures, the seizure typically happens because of a failure to file a currency report by people transporting money into the United States of amounts over $10,000.

Lots of foreign students come to the United States and pay their tuition in cash as most colleges won’t accept tuition payments by credit card. Likewise, many foreign exchange students and children of immigrants get a lot of cash assistance from family overseas who understand their duty to pay for their children’s education; it may be a lump $15,000 sum from a parent or grandparent, or a few hundred or thousand dollars from several different relatives or benefactors.

What to do when Customs seizes your tuition money?

Take the advice we have already given for responding to a customs money seizure by reading our popular article on the topic: Responding to a Customs Currency Seizure. Currency seizure cases are handled the same whether the money that was seized by customs was intended to be used to pay for college tuition or, for example, for travel expenses. As long as the use of the money is legitimate (and tuition is a legitimate use) and the source of the money is legitimate, with the right legal help you have a good chance of getting your seized tuition money back. If you want to know what a petition to get seized money back from customs looks like, read our article here.

Will I get the money in time to pay my tuition?

It really depends on a variety of circumstances, as we talked about in our popular article on the topic: How long does it take Customs to decide a petition for a currency/monetary instrument seizure? In every case, hiring the right attorney to handle your case can speed up the process, from getting the notice of seizure issued, to gathering evidence (obtaining supporting documents, preparing affidavits and giving customs everything they need without waiting for them to request additional documents), researching and drafting the legal basis for the obtaining a return of the seized currency in the petition, and ultimately, if successful, getting the money returned without delay, often by direct deposit. We work hard at Great Lakes Customs Law to get your seized currency returned back to you in a timely manner by doing the job right the first time.

How can I find out more or hire a law firm to help with my customs currency seizure?

If you have had cash seized by customs and are contemplating what to do next, please make use of the other information available on this website or call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Detroit, Chicago, Atlanta, New York, Los Angeles, Orlando and many other places. Please read these other articles:

Money seized by customs? CBP took cash over $10,000? Read here to help you along the way.

We get many calls from people across the country who, either having just crossed a land border or cleared Customs at an airport, have money or its equivalent seized by U.S. Customs and
Border Protection for failure to report amounts over $10,000, or for stating an inaccurate amount being transported. In this series of blog posts, I will answering some of the most frequently asked questions about currency seizures, reporting requirements, and the process we use for getting your seized money back from Customs.

Did you have your money seized by Customs?

This experience with Customs is usually a traumatic one for most people, not only because a big chunk of your savings is suddenly gone, but also because Customs often detains a suspect for hours while separating you from your traveling companions and interrogating each of you about the source and purpose of the money. They will make you feel like the worst of criminals.

“Why does Customs seize the money if I’ve done nothing wrong?”

In most cases, Customs usually seizes money because of a violation of the Currency and Foreign Transactions Reporting Act (although certain situations might give rise to allegations of failure to declare or some type of smuggling, such as bulk cash smuggling). Specifically, 31 USC § 5316 and 5317, a part of the Federal law, as well as Federal Regulations, give Customs the authority to seize your cash, currency, or things like checks, promissory notes, traveler’s checks, money orders, and certain securities and stocks if you fail to report or misreport amounts in excess of $10,000. The law requires that this report be made so they can more easily detect money laundering and other financial crimes.

Why most people have their money seized

People fail to report, or misreport currency and monetary instruments for a variety of reasons. It can be mistrust of government agents (usually foreign born people who grew up under very corrupt governments), lack of knowledge of the presence of money, not knowing exactly how much cash you have, a language barrier, confusion about whether non U.S. currency must be reported, how the law applies to more than one person, or good old-fashioned panic.

CBP is reporting on a story of a bulk cash smuggling seizure of $25,000 in Arizona.

Coincidentally, we are in the process of preparing an article on the consequences of bulk cash smuggling currency seizure cases and how they differ from money seizure for a simple failure to report amounts over $10,000. The bulk cash smuggling charges are far more serious than the (already serious) failure to report charges. If you’ve had your cash seized for bulk cash smuggling under 31 USC 5332 (more on that law HERE) then you really need an attorney — that’s because even when legitimate source and intended use are proven — you could still lose all of your cash because it was smuggled.

Friday night, an immigration inspection of a Greyhound Bus in Blythe, Calif. resulted in the seizure of $25,000 from a female Legal Permanent Resident Card holder. The female had the cash taped to her waistline. She claimed she was just transporting the money. The currency was seized as per Yuma Sector guidelines and the female was released.

If you have had money seized by CBP and don’t know what to do, call our office at (734) 855-4999 or through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando, San Francisco, Miami, and many other places, and not just locally in Detroit. Please read these other articles:

Just the other day we blogged about a counterfeit currencyseizure at an express cargo facility at JFK Airport. Today, there is another story which involves counterfeit bank checks and money orders (also falling under the “monetary instrument” category).

In this instance, they were from the Ivory Coast and were transmitted in an envelope labeled “Documents.” What follows is an excerpt:

Counterfeit Monetary Instruments

U.S. Customs and Border Protection officers at John F. Kennedy International seized counterfeit monetary instruments at an express cargo facility.

CBP officers examined a shipment described as “Documents” finding one envelope inside containing bank money orders and checks labeled Chase, Bank of America and Western Federal Credit Union in the denominations of $965, $985 and $2,920. A review of the bank money orders and checks lacked the necessary security features consistent with those of legitimate monetary instruments.

A combined 516 bank money orders and checks were counted with a total value of $732,585.00.

“CBP Officers are protecting the American public from various dangers on a daily basis,” said Robert E. Perez, Director of CBP’s New York Field Operations. “The interception of these counterfeit bank checks in a one-week period is a direct reflection of the vigilance and commitment to mission success by our CBP Officers daily.”

No arrests have been made at this time and the investigation is ongoing.

If you have had cash seized by customs and are contemplating what to do next, please make use of the other information available on this website or call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit. Please read these other articles:

This story does not involve a customs currency seizure because counterfeit bills are not considered a monetary instrument under the definitions applicable to 31 USC 5316, but they do present their own problems. Obviously, counterfeit currency is illegal in its own right, whether or not it has been reported to Customs or not. In this instance, the counterfeit bills were not found on an arriving traveller who was asked to make a report about the currency he was transporting, but was found hidden in an inbound shipment from Ecuador. The full story is HERE, and what follows is an excerpt:

Counterfeit Currency Seized

U.S. Customs and Border Protection officers at John F. Kennedy’s International express cargo facility seized $65,200 dollars in counterfeit 100 dollar bills. On March 21, CBP officers found $65,200.00 counterfeit $100 U. S. bills concealed in place mats and a shoe bag from Ecuador. A total of $65,200 (652 – $100.00 notes) of counterfeit U. S. currency was seized; this investigation is ongoing and no arrests have been made yet.

If you have had cash seized by customs and are contemplating what to do next, please make use of the other information available on this website or call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit. Please read these other articles:

U.S. Customs and Border Protection (CBP) seized more than $17,000 from a woman returned to the United States from the United Arab Emirates last week at at Washington Dulles International Airport. She only declared $9,000 but was in possession of more than $17,000, making all of the money subject to seizure. The original here, excerpt below:

There is no limit to how much currency travelers can import or export; however federal law requires travelers to report to CBP amounts exceeding $10,000 in U.S. dollars or equivalent foreign currency.

“Travelers who refuse to comply with federal currency reporting requirements run the risk of having their currency seized, and may potentially face criminal charges,” said Wayne Biondi, CBP Area Port Director for the Port of Washington Dulles. “The traveler was given the opportunity to truthfully report her currency. The easiest way to hold on to your money is to report it.”

The Privacy Act prohibits releasing the traveler’s name since she was not criminally charged.

If you have had cash seized by customs and are contemplating what to do next, please make use of the other information available on this website or call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.

For the fiscal year 2014, the Port of Buffalo in New York seized $267,323 in a total of 22 currency seizures; on average then, each seizure would be about $12,100. In comparison, in the Port of Detroit in Michigan for fiscal year 2013, customs seized more than $5 million at places like Detroit Metro Airport, The Ambassador Bridge and the Detroit-Windsor Tunnel. For the same period of time the national daily average of currency seizures by Customs was $650,000.

Great Lakes Customs Law

The customs law firm represents importers, travelers, and brokers in administrative proceedings before US Customs & Border Protection (USCBP) and at the Court of International Trade and Federal district court.